The emerging venue battle in El Paso/Kinder Morgan

Larry Ribstein —  22 October 2011

T-R’s Alison Frankel writes (HT Pileggi) about dueling suits in Texas and Delaware challenging the El Paso/Kinder Morgan merger: Three class actions in Texas state court and two class actions and a shareholder derivative suit in Delaware Chancery.

It looks like this merger may bring to a head the “escape from Delaware” phenomenon I discussed a year ago.

Larry Ribstein

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Professor of Law, University of Illinois College of Law

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  1. Dueling Derivative Suits in El Paso Merger Fight: Will Delaware or Texas Courts Decide? - October 24, 2011

    […] Professor Larry Ribstein, often cited in Delaware court decisions, graciously refers to this post here, and links to his scholarship on the issues raised in this post relating to choice of forum and […]